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Raj Kumar Makkad (Adv P & H High Court Chandigarh)     06 November 2010

The Protection Of Women From Domestic Violence Act 2005

The Act has been enacted for the protection of women from domestic violence and further for protection of women from being victims of domestic violence and to prevent the occurrence of domestic violence in the society. The Act has come into effect from 17.10.2006.

Taking into consideration existing criminal and civil laws and the statute prevailing in India, it was proposed to enact a law keeping in view the rights guaranteed under Articles 14, 15 and 21 of Constitution of India to provide a remedy for protection of women from being victims of domestic violence and to prevent the occurrence of domestic violence in the society.

Women who are married and staying with husband and his parents, sisters, brothers and are living together, sharing the household can seek remedy under the Act in the event of domestic violence. Further, even the adopted daughter, or sister or even mother can seek remedy under the act against the person who abused them.

The Act defines the expression "Domestic Violence" to include actual physical abuse, s*xual, verbal emotional threat or economic harassment by way of unlawful dowry demands to the women of her relatives would also be covered under the definition.

The Act also provides for the protection of women and her rights guaranteed under the contract of marriage or under the relevant statute depending upon each case.

To know more about the Act, readers are advised to read the Act before they seek protection, as the subject matter produced is not exhaustive.



 54 Replies

adv. rajeev ( rajoo ) (practicing advocate)     07 November 2010

DV act has become weapon to the women to harrash her husband and his family members for the silly reasons and like a 498A it is also legal terriorism.  Am I right sir?

2 Like

G. ARAVINTHAN (Legal Consultant / Solicitor)     07 November 2010

Most of the matrimonial proceedings nowadays comes with a DV Complaint 

No only for silly reasons, the woman tries to harass their in-laws when the in-laws restrict her.

2 Like

(Guest)

3 Like

hedevil hydraheaded (non professional )     07 November 2010

I wonder how the above two advocates would deal with a woman client/s  who has suffered domestic violence and unwarranted and perhaps humiliating restrictions( you have referred to restrictions--I do not understand what you mean by it) by the in laws. The fact is that Indian( male)  psyche is not ready to digest the reality of domestic violence. A woman who is filing for divorce or responding to divorce filed by her husband, may have faced domestic violence. Those who are filing false cases are doing a very wrong thing and great disservice to the genuine cases. However,   advocates when they  presume certain things and hold strong opinions how would they  handle even genuine cases of domestic violence, I wonder!

Avnish Kaur (Consultant)     07 November 2010

upto 90% CASES are fake or exaggerated . even lawyers dont know if their clent is telling truth or not to them. such fake people usually cheat their lawyers too.

1 Like

hedevil hydraheaded (non professional )     07 November 2010

By above two advocates I mean the postings of mr. Rajoo and Mr. Arvinthan.

Mr. Kushan we seem to have posted our messages almost simultaneously.  

hedevil hydraheaded (non professional )     07 November 2010

Domestic violence is a hard reality, it won't disappear just by wishing it away and saying all cases are false.  

How would one know who is the cheater?  As though all male have genuine suffering and all females are cheaters! Just because conviction rate is low does not mean domestic violence does not exist. Certain abuses are very hard to prove, such as severe emotional abuses. Sophisticated abuser would perhaps not hurt a woman physically but break her spirits emotionally and psychologically. 

1 Like

ajay jain (advocate)     08 November 2010

india has been slow in matter of domestic violence though 60% of woman fplk is victim of domestic violence in one or other form. the act should be given more teeths

1 Like

hedevil hydraheaded (non professional )     08 November 2010

You have made a good point , Sir...

sivani (engineer)     08 November 2010

Sites such as these only propogate that men are like babes in the wilderness and women like the wolves in the same wilderness and the fact is this is far from reality.  The reality still is that a woman continues to progress and the man continues to regress.  The increasing gap is causing more domestic violence in homes than ever before and though women are progressing in the work force, in the home front they continue to take the violence for one reason or the other.  I

1 Like

Renuka Gupta ( Gender Researcher )     08 November 2010

Very well said Sivani....

Kunal Mukherjee (Father)     08 November 2010

It is time that the english dictionary acknowleged the term 'FCP'

MPS RAMANI (Scientist/Engineer)     22 November 2010

Divorce is granted by the court and alimoney awarded. If the woman marries again afterwards, has her former husband still to give her alimoney.

When a pensioner dies his widow gets family pension. In order to be eligible for the family pension every year the woman has to give a not remarried certificate. Is it similar in the case of divorce also?

MPS Ramani

Arup (UNEMPLOYED)     22 November 2010

SUCH ACTS (498A, DV, DOWRY ACT ETC)  ARE ALWAYS WELCOME

 

TO DESTROY THE INSTITUTION OF MARRIAGE.

 

LIVE IN WILL BE MORE POPULAR IN FORTHCOMING DAYS.



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